Your Cart
Carlill v Carbolic 1892 Contract Law

Carlill v Carbolic [1892]

Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 is a landmark case in contract law that established the principle that an advertisement containing a promise conditional upon some form of performance can constitute an offer of a unilateral contract. The case involved the Carbolic Smoke Ball, a product advertised as a preventive measure against influenza and other diseases.


The Carbolic Smoke Ball Co placed an advertisement in the newspaper, claiming that they would pay £100 to anyone who used their smoke ball three times daily for two weeks and still contracted influenza or associated diseases. The advertisement also emphasised the company's sincerity by stating that £1000 had been deposited in the bank to demonstrate their commitment. Mrs Carlill purchased one of the smoke balls, followed the usage instructions, yet still caught influenza. She sued the company for the promised £100.


In the Court of Appeal, the key issues were whether a contract existed between Mrs Carlill and the Carbolic Smoke Ball Company and whether the conditions specified in the advertisement constituted a valid offer.


Lindley LJ, delivering the judgment, held that a unilateral contract had indeed been formed between Mrs Carlill and the company. He emphasised that the advertisement amounted to a specific offer made to the public, and anyone who performed the conditions specified therein would be considered to have accepted the offer. The deposit in the bank was seen as evidence of the company's sincerity, making the advertisement more than mere puffery.


Lindley LJ addressed the question of acceptance and noted that while the general rule is that acceptance must be notified, the person making the offer can expressly or impliedly indicate that no notice is required. In this case, the inconvenience of performing the conditions specified in the offer was deemed sufficient consideration.


This case highlights that courts take policy considerations into account when determining the existence of an offer and acceptance, particularly in cases involving consumer protection against misleading or spurious advertisements. This case is often cited as a precedent for its clear recognition of unilateral contracts formed through advertisements and has had a lasting impact on contract law principles.


Check out our exam-focused Contract Law notes now.


Subscribe to UOL Case Bank for more exclusive content and case summaries.

Trusted by thousands of law students worldwide

Where are our students from?

Yale University

Council of Europe

Baker Mckenzie 

University of Chicago

Columbia University

New York University

University of Michigan 

INSEAD

University College London (UCL)

London School of Economics (LSE)

King’s College London (KCL)

University of London

University of Manchester

University of Zurich

University of York

Brandeis University

University of Exeter

University of Sheffield

Boston University

University of Washington

University of Leeds

University of Law

Royal Holloway, University of London 

Birkbeck, University of London

SOAS, University of London

University of Kent

University of Hull

Queen’s University Belfast

Toronto Metropolitan University

Hong Kong University of Science and Technology

Your perfect companion for open-book and closed-book exams

Diagrams and Charts

Our carefully designed diagrams and charts will guide you through complex legal issues.

Clear and Succinct Definitions

Key concepts are concisely defined to help you understand legal topics quickly.

Statutory Provisions

Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

Case Summaries

We have summarised important cases for you so that you don't need to read long and boring cases.

Rules and Exceptions

Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

Terminology

Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

Case Law

Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

Law Essay Guide

You will learn essential law exam skills and essay writing techniques that are not taught in class.

Problem Question Guide

We will show you how to answer problem questions step by step to achieve first-class results.

Structured Explanations

Complex legal concepts are broken down into concise and digestible bullet point explanations.

Legal Research

You will learn legal research techniques with our study guide and become a proficient legal researcher.

Exam-focused

All essential concepts, principles, and case law are included so that you can answer exam questions quickly.